Under which of the following does the court determine the percentage of fault of the defendant, requiring that the defendant be more than 50% at fault before the plaintiff can recover?

A) Assumption of the risk.
B) Last-clear-chance.
C) Modified comparative negligence.
D) Pure comparative negligence.
E) Both modified comparative negligence and last-clear-chance.

Modified Comparative Negligence

In some states, a defense whereby the defendant is not liable for the percentage of harm that he or she proves can be attributed to the plaintiff's own negligence if the plaintiff's negligence is responsible for less than 50 percent of the harm. If the defendant establishes that the plaintiff's negligence caused more than 50 percent of the harm, the defendant has no liability.

Fault Percentage

The degree of responsibility, expressed as a percentage, attributed to each party in a legal dispute.

50% At Fault

A principle in some legal systems where, if both parties involved in an accident are equally responsible, each must bear half the liability and damages.